(1) As used in this section: (a)(A) Fenestration product or system means a window, glass, glazing or glazing system or skylight, whether installed in a horizontal or vertical plane, that is designed to provide a weatherproof barrier. (B) Fenestration product or system does not include a premanufactured window or skylight. (b) National certification means a certification that meets one of the following standards: (A) For glazing contractors, a certification that is in effect on September 26, 2025, and that Administrative Management Systems, Incorporated, or a successor organization, administers under the North American Contractor Certification program; or (B) For architectural glass and metal technicians, the Architectural Glass and Metal Technician national certification, as in effect on September 26, 2025, that Administrative Management Systems, Incorporated, or a successor organization, administers. (c) Public agency means the State of Oregon or a political subdivision of the State of Oregon or a county, city, district, authority, public corporation or public entity that is organized and exists under a law or charter or an instrumentality of the county, city, district, authority, public corporation or public entity. (d) Public building has the meaning given that term in ORS 455.560. (e) Public funds means funds of which an officer or employee of a public body, as defined in ORS 174.109, has custody or control by virtue of a legal right that the public body confers by law upon the officer or employee to direct the collection, use or transfer of moneys payable to, belonging to or collected for the public body. (2) A public agency that provides public funds to install, repair or remodel a fenestration product or system in a public building that the public agency constructs, remodels or repairs and owns or leases shall require, as a condition of providing the public funds for the installation, repair or remodeling, that: (a) The contractor that installs, repairs or remodels the fenestration product or system: (A) Has all licenses and insurance required to perform construction work in this state; and (B) Has a national certification as a glazing contractor; and (b) One or more of the workers or technicians that provides the labor for, or direct oversight of, the installation, repair or remodeling has a national certification as an architectural glass and metal technician. (3) The requirement set forth in subsection (2) of this section applies to public buildings in which a public agency provides of $25 million or more in public funds for new construction or $5 million or more in public funds for installing, repairing or remodeling, but not for providing routine maintenance for, a fenestration product or system in a public building that the public agency constructs, remodels or repairs and owns or leases. (4) A contractor that installs, repairs or remodels a fenestration product or system in a public building described in subsection (3) of this section, in addition to having a national certification as a glazing contractor, must employ at least one worker or technician with a national certification as an architectural glass and metal technician. Note: 701.460 becomes operative July 1, 2027. See section 3, chapter 300, Oregon Laws 2025. Note: The amendments to 701.460 by section 2, chapter 300, Oregon Laws 2025, become operative July 1, 2028. See section 3, chapter 300, Oregon Laws 2025. The text that is operative on and after July 1, 2028, is set forth for the users convenience. 701.460. (1) As used in this section: (a)(A) Fenestration product or system means a window, glass, glazing or glazing system or skylight, whether installed in a horizontal or vertical plane, that is designed to provide a weatherproof barrier. (B) Fenestration product or system does not include a premanufactured window or skylight. (b) National certification means a certification that meets one of the following standards: (A) For glazing contractors, a certification that is in effect on September 26, 2025, and that Administrative Management Systems, Incorporated, or a successor organization, administers under the North American Contractor Certification program; or (B) For architectural glass and metal technicians, the Architectural Glass and Metal Technician national certification, as in effect on September 26, 2025, that Administrative Management Systems, Incorporated, or a successor organization, administers. (c) Public agency means the State of Oregon or a political subdivision of the State of Oregon or a county, city, district, authority, public corporation or public entity that is organized and exists under a law or charter or an instrumentality of the county, city, district, authority, public corporation or public entity. (d) Public building has the meaning given that term in ORS 455.560. (e) Public funds means funds of which an officer or employee of a public body, as defined in ORS 174.109, has custody or control by virtue of a legal right that the public body confers by law upon the officer or employee to direct the collection, use or transfer of moneys payable to, belonging to or collected for the public body. (2) A public agency that provides public funds to install, repair or remodel a fenestration product or system in a public building that the public agency constructs, remodels or repairs and owns or leases shall require, as a condition of providing the public funds for the installation, repair or remodeling, that: (a) The contractor that installs, repairs or remodels the fenestration product or system: (A) Has all licenses and insurance required to perform construction work in this state; and (B) Has a national certification as a glazing contractor; and (b) One or more of the workers or technicians that provides the labor for, or direct oversight of, the installation, repair or remodeling has a national certification as an architectural glass and metal technician. (3) The requirement set forth in subsection (2) of this section applies to public buildings in which a public agency provides of $25 million or more in public funds for new construction or $5 million or more in public funds for installing, repairing or remodeling, but not for providing routine maintenance for, a fenestration product or system in a public building that the public agency constructs, remodels or repairs and owns or leases. (4) A contractor that installs, repairs or remodels a fenestration product or system in a public building described in subsection (3) of this section, in addition to having a national certification as a glazing contractor, must demonstrate to the public agency as a condition of receiving public funds that at least 25 percent of the contractors employees who install, repair or remodel fenestration products or systems have a national certification as architectural glass and metal technicians. Note: 701.460 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. (Construction Flagging)
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